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Amid a logjam over Rahul Gandhi's remarks on democracy, Rajya Sabha Chairman Jagdeep Dhankhar on Wednesday rejected Congress president Mallikarjun Kharge's 'point of order' that there cannot be a discussion on Gandhi, who was then a Lok Sabha MP, saying there can be no issue or individual beyond the purview of discussion in the Upper House.
The ruling Bharatiya Janata Party has, since the resumption of the Budget session of Parliament after a break, demanded that Congress leader Rahul Gandhi should come to Rajya Sabha and tender an apology for his "democracy in danger" remarks made in the UK recently.
The Congress has, however, countered this saying someone who is not an MP of Rajya Sabha cannot be called to the House and there cannot be any discussion/reflection on or about an MP of Lok Sabha.
In his ruling, Dhankhar said that "the authenticated record made available by the Leader of House Piyush Goyal bears out that his demand of apology on the overseas statements made by a senior leader of the Opposition is factually premised...".
He gave his ruling on the objection that Kharge, who is the Leader of the Opposition in Rajya Sabha, raised through a point of order.
However, Dhankhar neither explicitly referred to BJP's demand that Gandhi should come to Rajya Sabha to apologise nor indicated if that was permissible.
"After bestowing earnest consideration on this momentous aspect, I am of the firm view that there can be no issue or individual beyond the purview of discussion in the Rajya Sabha and the same is exclusively subject to regulation by the House and the Chairman," he ruled.
He rejected precedents cited by Kharge saying they had no bearing on the issue.
He said on March 13 Kharge, responding to the assertions of the Leader of the House and Union Minister Piyush Goyal, who demanded an apology for "the shameless way by which a senior leader of the Opposition in a foreign country has attacked the democracy of India, insulted the Parliament of India", raised a point of order that there could be no discussion/reflections in the Rajya Sabha on or about a Member of the Lok Sabha or anyone who is not a member of the Rajya Sabha.
While Goyal did not name anyone, "he severely impeached what he termed the overseas disparaging remarks by a senior leader of the opposition tainting and tarnishing our Parliament," Dhankhar said without naming Gandhi.
"The point of order concerning debate/discussion competence of Rajya Sabha, albeit Parliament, the most authentic representative and sanctified platform in our democratic polity, couldn't be more important. In considering this I am cognisant that we are the largest and mother of all democracies, and home to nearly one-sixth of humanity. Our Parliament is the sanctum sanctorum of democracy," he said.
He then went on to state the immunity that MPs enjoy for statements in Parliament and rules for allegations of a defamatory or incriminatory nature against an MP.
"The sanctity of the temple of democracy cannot be permitted to be outraged as the privilege does not extend to engaging in demeaning parliament, making disparaging observations tarnishing constitutional institutions or setting afloat narratives premised on reckless allegations of untenable fact premise," he said.
Stating that Goyal had authenticated his assertion with the submission of proof of such a statement by Gandhi, Dhankhar said any curtailment or qualification of the constitutional privilege of freedom of expression of a Member of the Parliament in the Rajya Sabha will "seriously compromise and impede blossoming of democratic values".
"Democratic ethos, well cherished and nurtured Parliamentary values persuade me to tilt in favour of sustaining this constitutional right of 'freedom of expression' of a Member of Parliament that cannot suffer any constraint and is subject only to the wisdom of the House and the Chairman," he said adding the House was not constrained from discussing any issue or individual.
"Further the authenticated record made available by the Leader of House Piyush Goyal bears out that his demand of apology on the overseas statements made by a senior leader of the Opposition is factually premised and does not graduate to making 'allegation of a defamatory or incriminatory nature'," he added.
"In view of categorical and firm constitutional prescriptions, I cannot persuade myself to sustain the point of order raised by Leader of the Opposition Mallikarjun Kharge and the same is hereby declined."
Rahul Gandhi was recently disqualified from Lok Sabha after he was sentenced to two years imprisonment by a Surat court in a criminal defamation case.
Parliament proceedings have been stalled due to protests by opposition parties, which are demanding a Joint Parliamentary Committee probe into the Adani issue, and the BJP, which is insisting on an apology from Rahul Gandhi.